Terms and Conditions
Acceptance of Terms
By purchasing a Hummingbird Hammock and/or clicking “Accept”, you are agreeing to the terms outlined below as well as agreeing to comply with the care, safety, and other general advice and information provided to the buyer from Hummingbird Hammocks LLC. Please read all terms and information carefully.
All customer information used by Hummingbird Hammocks LLC is information that has been provided to us by the customer. We use this information to create mailing lists and to enhance our overall customer experience. Hummingbird Hammocks LLC may also retain any messages or communication between us and our customers that is generated over email, social media, or other means of communication. Private customer information will not be given to any person outside of the company unless otherwise agreed upon with the customer. We are committed to protecting and securing our customer’s information and do so with the utmost integrity.
Payment for goods to Hummingbird Hammocks LLC and from the buyer must be received within sixty (60) days of purchase. If payment is not received within sixty (60) days, Hummingbird Hammocks LLC reserves the right to charge the buyer a late fee of 5% the original order price. For every subsequent thirty (30) days that the buyer has not paid after the sixty (60) day grace period, Hummingbird Hammocks LLC reserves the right to continue charging a 5% late fee every thirty (30) days for the next one hundred and eighty (180) days. If payment is not received within one hundred and eighty (180) days, Hummingbird Hammocks LLC reserves the right to prosecute the buyer to the full extent of the law in order to recover the payment in the amount of the original price of the purchase plus the 5% late fee that is added on every thirty (30) days following the sixty (60) day grace period.
If the product has a defect that makes it unusable for a reason that any reasonable person would agree is due to manufacturing problems, then the product will be returnable so long as you can provide evidence of such manufacturing problems. Hummingbird Hammocks LLC reserves the right to challenge the claims you bring before us about defected product if we believe that the hammock had been misused and the defect is not due to manufacturing or any other reasons that we may be responsible for.
Once your product has been taken out of the packaging and used in any setting, the product is no longer returnable. Products are not returnable if the product has been used in such a way that has been advised against in any of our company languages. Products are not returnable if they have been used in a manner that would indicate that the defect you are returning the product for is due to overuse or expected wear and tear over time.
Additional information can be found in our Return Policy.
Hummingbird Hammock LLC products are to be used at the buyer’s own risk. Hummingbird Hammocks LLC is not liable for any injury or damage that may be caused by our products and cannot be prosecuted for any such injuries or damages. Hummingbird Hammocks LLC is also not liable or responsible for any injury or damages that may result from manufacturing issues or shipment issues and is not responsible for the buyer’s reliance on any of our forms, verbiage, or communication (written or otherwise) rather than reliance on an attorney’s advice.
Limitation on Remedies
Should charges for remedy be brought against Hummingbird Hammocks LLC, such remedies are limited to the exact price of damages related to the products in question and nothing more. Hummingbird Hammocks LLC is not liable for any remedy that exceeds the price of the product itself.
Any controversy or claim that arises out of or relates to this contract or a breach of this contract will be settled by arbitration administered by American Arbitration Association under its Commercial Arbitration Rules. There are to be either one (1) or three (3) arbitrators based on the case, and Hummingbird Hammocks LLC reserves the right to decide on the number of arbitrators on such a case by case basis. The place of arbitration is to be in Denver, Colorado and the Colorado law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court that has jurisdiction thereof.